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that report is in the interests of due process and safeguards Diane Kidwell’s right and the right of the Commonwealth to a fair trial, Horne said.
In grand jury''proceedings, requirement for secrecy are imposed only on the grand jurors, not on witnesses or attorneys, Luke countered. “So it what we’re talking about is evidence given before the grand jury,” then the same cloak of secrecy that the court may wrap around the grand jury’s report doesn’t apply, he said. Luke noted that Kidwell’s former counsel, David Konick, testified before the grand jury and was one of two people subpeonaed to appear at February 25’s closed hearing. “No privilege attaches to him,” Luke said.
Home restated that he must maintain the “delicate balance” between the defendant’s right to a fair trial and the public’s right to know.
At the same time, the procedures for closure set out in Richmond Newspapers v. Commonwealth must be followed, countered Luke. He repeated that the motion for closure must be filed in advance and at least one day’s notice given to the public by posting same on the court house door.
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